Are you wondering whether you have a medical malpractice case on your hands?
Millions of people a year seek medical attention. With any luck, everything goes well and you are treated, recover, and can get back to your normal life. This is the way that you want things to go, but what do you do when a mistake or error in judgment causes a medical experience that negatively impacts you?
If you are thinking about talking to a medical malpractice attorney, you or someone close to you has likely found themselves in a disadvantageous position. When medical mistakes cause such widespread devastation, it can be tough to deal with the fallout when you are the one being affected by it.
If you have lost wages, suffered, or been affected negatively by malpractice that you believe to be the result of negligence, you may have grounds for a suit. A medical malpractice case does not guarantee that you will win damages, but pursuing one is the only chance you have to receive compensation for what happened when it is not being offered up freely (which almost never happens).
If you’re wondering whether you have a case and whether it’s strong enough to hold up in court, read on to find out more.
When pursuing this type of case, the first thing to recognize is that you will have the burden of proof. You must convince a jury or judge that there was a misstep when it came to the duty of professional care that they have towards you in addition to proving you were directly harmed as a result of the mistake or intentional screw-up of a medical professional of some kind. This could be a nurse, a doctor, a technician, and more.
Medical professionals swear to take an oath and must live up to a professional standard. While it would be nice if they always lived up to them, failure to act, omissions, incorrect prescriptions, botched surgeries and more can all fall under the category of negligence. Whether it happened during diagnosis, treatment, or after, a malpractice case often depends on proving that a standard of care wasn’t adhered to and it harmed you as a result.
When you file a lawsuit, you must be able to show that an error was made and the mistake created a situation or made it worse than it would have been otherwise if another medical professional had been in the same situation and made the right call. You have to prove how the actions of a professional harmed you and how that occurred.
An attorney can tell you more about what filing a lawsuit may involve. They’ll be able to tell you the strength of your case and if they accept it, also prepare you for what going to court will entail. There may also be considerable expenses to consider, although many attorneys will agree to take contingency fees and a percentage if the case is won. If you or someone you know has suffered from what you think is medical negligence, contact The Law Offices of Payas, Payas, and Payas today.